نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشگاه علامه طباطبایی
2 هیئت علمی دانشکده حقوق دانشگاه علامه طباطبایی، تهران ، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
During the COVID-19 pandemic, nearly 70 countries have suspended elections. Article 15 of the European Convention on Human Rights (suspension in times of emergency) allows states to derogate from their obligations to guarantee certain rights and freedoms that protected by law in temporary and exceptional circumstances. Derogation that must be lifted after the emergency situation is resolved. According to this, elections, which may be suspended and derogated for a period of time and postponed to another time.
This article reviews the cases that have been brought before the European Court of Human Rights on suspension and Derogation of elections (case study). It focuses on cases that the European Court has heard on elections and “states of emergency” in this regard.
The studies and findings of this article show that in the cases presented in the European Court of Human Rights,, some principles can be extracted such as the principle of prior notification (official notification) by member states, existence of a threat to the life of the nation, the principle of proportionality, the principle of non-discrimination, the principle of respect for non-derogable rights, and time limits, are the matters that member states must adhere in emergency and the possibility of suspending elections.
کلیدواژهها [English]
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